Agenda of Council Meeting - Wednesday, 20 November 2024

Council Meeting Agenda

20 November 2024

Council

Membership:

Chairperson	Mayor James Denyer
Deputy Chairperson	Deputy Mayor John Scrimgeour
Members	Cr Tracey Coxhead Cr Grant Dally Cr Murray Grainger Cr Anne Henry Cr Rodney Joyce Cr Margaret Murray-Benge Cr Laura Rae Cr Allan Sole Cr Don Thwaites Cr Andy Wichers
Quorum	Six (6)
Frequency	Six weekly

Role:

The Council is responsible for:

· Ensuring the effective and efficient governance and leadership of the District.

· Ensuring that all functions and powers required of a local authority under legislation, and all decisions required by legislation to be made by local authority resolution, are carried out effectively and efficiently, either by the Council or through delegation.

Power to Act:

To exercise all non-delegable functions and powers of the Council including, but not limited to:

· The power to make a rate;

· The power to make a bylaw;

· The power to borrow money, purchase, or dispose of assets, other than in accordance with the Long Term Plan;

· The power to adopt a Long Term Plan, a Long Term Plan Amendment, Annual Plan or Annual Report and to receive any related audit report;

· The power to appoint a chief executive;

· The power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the Long Term Plan or developed for the purpose of the Local Governance Statement;

· The power to adopt a remuneration and employment policy;

· The power to approve or change the District Plan, or any part of that Plan, in accordance with the Resource Management Act 1991;

· The power to approve or amend the Council’s Standing Orders;

· The power to approve or amend the Code of Conduct for Elected Members;

· The power to appoint and discharge members of committees;

· The power to establish a joint committee with another local authority or other public body;

· The power to make a final decision on a recommendation from the Parliamentary Ombudsman where it is proposed that Council not accept the recommendation.

· To exercise all functions, powers and duties of the Council that have not been delegated, including the power to compulsorily acquire land under the Public Works Act 1981.

· To make decisions which are required by legislation to be made by resolution of the local authority.

· To authorise all expenditure not delegated to officers, Committees or other subordinate decision-making bodies of Council, or included in Council’s Long Term Plan or Annual Plan.

· To make appointments of members to Council Controlled Organisation Boards of Directors/ Trustees and representatives of Council to external organisations.

· To monitor the performance of and make decisions on any matters relating to Council Controlled Organisations (CCO), including recommendations for

· modifications to CCO or other entities’ accountability documents (i.e. Letter of Expectation, Statement of Intent), including as recommended by the Strategy and Policy Committee.

· To approve joint agreements and contractual arrangements between Western Bay of Plenty District Council and Tauranga City Council and/or any other local authority including the requirement to review the terms of any such agreements or contractual arrangements.

· To approve the triennial agreement.

· To approve the local governance statement required under the Local Government Act 2002.

· To approve a proposal to the Remuneration Authority for the remuneration of Elected Members.

· To approve any changes to the nature and delegations of Committees.

Procedural matters:

Approval of elected member training/conference attendance.

Mayor’s Delegation:

Should there be insufficient time for Council to consider approval of elected member training/conference attendance, the Mayor (or Deputy Mayor in the Mayor’s absence) is delegated authority to grant approval and report the decision back to the next scheduled meeting of Council.

Power to sub-delegate:

Council may delegate any of its functions, duties or powers to a subcommittee, working group or other subordinate decision-making body, subject to the restrictions on its delegations and any limitation imposed by Council.

Council Meeting Agenda

20 November 2024

8.2 Proposal to Officially Name the land currently known as Park Road and Beach Road Reserve, Katikati

File Number: A6543867

Author: Peter Watson, Reserves and Facilities Manager

Authoriser: Cedric Crow, General Manager Infrastructure Services

Executive Summary

The purpose of this report is to seek the Council’s approval to initiate the process to officially name an area of land currently identified as ‘Park Road and Beach Road’ in the Katikati - Waihī Beach Ward Reserve Management Plan.

Recommendation

1. That the Reserves and Facilities Manager’s report dated 20 November 2024 titled ‘Proposal to Officially Name the land currently known as Park Road and Beach Road Reserve, Katikati” be received.

2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3. That Council approves that staff initiate the process to officially name an area of land currently identified as ‘Park Road and Beach Road Reserve’ to ‘Paeahi Wanakore Reserve’.

4. That if, in Item 3 above, the Committee approves the proposal to rename the Park Road and Beach Road Reserve to ‘Paeahi Wanakore Reserve’, staff be instructed to initiate a one-month public consultation process before making a recommendation to Council for a formal resolution.

5. That Council does not approve the proposal to rename the currently identified as Park Road and Beach Road Reserve.

Background

1. The land is currently identified as ‘Park Road and Beach Road Reserve’ in the Katikati – Waihī Beach Ward Reserve Management Plan, refer Attachment 1. The reserve has not been formally gazetted with a name. There is no physical signage within the reserve to identify this name.

2. The reserve is currently identified by its location being on the corner of Park Road and Beach Road, Katikati.

3. Parcel 1066/2 (Lot 8 DP 36285) was vested in his Majesty the King in 1949 under section 13 of the Land Division in Counties Act 1946 and declared a recreation reserve. Research suggests that Council has acquired the land under s26A of the Reserves Act.

4. Council completed a landscape concept plan in 2019. The concept plan was implemented through funding from the Long-Term Plan. During the concept plan process it was noted that the reserve had no formal gazetted name.

5. Paeahi Wanakore was a kaumātua who worked tirelessly over many decades to build and lift the mana of the people of Ngāi Tamawhariua. He was a true gentleman who held a lot of mana within the community and Māoridom.

6. Paeahi lived in Park Road with his wife Kerewai Wanakore, their home is just down from the Park Road/Beach Road Reserve, it is here that they fostered many children in addition to raising their own. Paeahi was a longstanding and well-respected member of Council’s Tangata Whenua forums working alongside successive Mayors and Councillors striving to progress the work of Council for and on behalf of the community. As a representative for Ngāi Tamawhariua he provided a significant contribution when working with Council and the community on various processes and plans to ensure the voice of the people was heard.

7. Te Rereatukāhia Marae have provided the attached letter of support for the proposed naming. Attachment 2

8. The whānau o Paeahi Wanakore fully support the renaming of the reserve in his honour and provide a letter of support as attached. Attachment 3

9. Staff have also met with the whānau of Paeahi to discuss the naming process. The whānau will be present at the Council meeting to clarify any queries that elected members may have.

Significance and Engagement

10. In terms of the Significance and Engagement Policy, this decision is considered to be of low significance because any persons who are likely to be particularly affected by, or interested in, the naming of the reserve at Katikati , are the residents of Katikati. Although there will be a one-month period of public consultation, this process will nevertheless have a minimal community and financial impact.

Engagement, Consultation and Communication

Interested/Affected Parties	Completed/Planned Engagement/Consultation/Communication
Name of interested parties/groups	Katikati Community Board will be approached for comments.	Planned
Tangata Whenua	A letter of support from the mana whenua hapū is attached to this report.
General Public	Council’s Reserve Naming Policy requires that the proposed name is publicly advertised for a one-month period for comment. A further report to Council will be prepared in order to report on any public submissions about the proposed name. Following consideration of submissions, if any, Council will need to pass a formal resolution on the proposed name.

Issues and Options Assessment

Option A

That Council approves that staff initiate the process to officially name an area of land currently identified as ‘Park Road and Beach Road Reserve’ to ‘Paeahi Wanakore Reserve’.

And

That if in the item above, the Committee approves the proposal to officially name the reserve ‘Paeahi Wanakore Reserve’ that staff be instructed to initiate a one-month public consultation process before making a recommendation to Council for a formal resolution.

Assessment of advantages and disadvantages including impact on each of the four well-beings

· Economic

· Social

· Cultural

· Environmental

Naming of the reserve would:

· Comply with Council’s reserve naming policy.

· Provide the public with a better reference to the site.

· Recognise the significant contribution that Paeahi Wanakore made to the Tangata Whenua and wider Community.

Costs (including present and future costs, direct, indirect and contingent costs).

Consultation advertising costs would be approximately $200.00.

Gazetting costs approx. $80.00.

New naming signage will need to be constructed at approximately $1000.00 and installed for the reserve.

The costs above will be funded through the approved reserves 2024/25 work budget.

Any future sign maintenance would be covered by the District Reserves budget.

Other implications and any assumptions that relate to this option (Optional – if you want to include any information not covered above).

Council’s Reserve Specific information would need to be amended in the Katikati/Waihi Beach Reserve Management Plan to reflect any change in name.

Option B

That Council does not approve the proposal to officially name an area of land currently identified as ‘Park Road and Beach Road Reserve’ to ‘Paeahi Wanakore Reserve’.

Assessment of advantages and disadvantages including impact on each of the four well-beings

· Economic

· Social

· Cultural

· Environmental

Council’s reserve name policy encourages reserve names that reflect the historic, geographic or particular local significance place names and original Māori place-names. While the name is well known in the community, it does not meet this part of the policy.

Statutory Compliance

Reserves Act 1977

In accordance with Part 3 Section (10) of the Reserves Act 1977 the Council (as the administering body) may by notice in the Gazette, declare that a reserve shall be known by such a name as specified in the notice.

Reserve Management Plan Generic Policy – P8 – Naming [of reserves]

All reserves vested in or administered by Council will be named through a formal resolution of Council following consultation with Tangata Whenua and interested parties.

Naming will generally be initiated at the time of vesting and will be publicly advertised with a one month period for comment.

Where an existing reserve is known by the community by a local rather than the official name signage that recognises both names will be considered.

This Reserves Naming Policy acknowledges the New Zealand Geographic Board (Ngā Pou Taunaha O Aotearoa) “Rules of Nomenclature” which act as guiding principles for determining place names in New Zealand. In summary these rules as they relate to Council administered reserves are:

· Names which have historic, geographic or particular local significance are generally acceptable. So too, for example, are names of early explorers and discoverers, early settlers, surveyors and geologists and early notable people or events which have some connection with the proposed area to be named.

· Names of persons will not be given to features during the person's lifetime. If the name of a deceased person is used, generally the surname is chosen.

· Descriptive names can be used provided there is no duplication of the name in a neighbouring area.

· Name duplication is avoided.

· The use of the possessive form is avoided; e.g. Smith’s Reserve.

· Names in local usage normally take precedence.

· Names considered to be in poor taste are avoided.

· Original Māori place names will be encouraged - an "original Māori place-name" means any Māori place name that is recognised by the Tangata Whenua as one historically associated with a place within their tribal boundary.

· Includes reserves, which are approved by the Department of Conservation through the Management Plan process.

Explanation: When new reserves are created or when existing reserves have names that are poorly related to the locality, purpose or nature of the reserve or to its community use, it is desirable for the reserve to be named, or renamed, to ensure ease and consistency of identity

Funding/Budget Implications

Budget Funding Information

Relevant Detail

Consultation advertising costs would be approximately $200.00.

Gazetting costs approx. $80.00.

New naming signage will need to be constructed at approximately $1000.00 and installed for the reserve.

The costs above will be funded through the approved reserves 2024/25 minor capital works budget.

Any future sign maintenance would be covered by the District Reserves budget.

Attachments

1. Katikati-Waihī Beach Reserve Management Plan ⇩

2. Te Rereatukahia Marae - Letter of support ⇩

3. Whanau Letter of Support ⇩

Council Meeting Agenda

20 November 2024

10 Reports continued

10.1 Final proposal for Representation Review 2024

File Number: A6547200

Author: Emily Watton, Strategic Policy and Planning Programme Director

Authoriser: Rachael Davie, Deputy CEO/General Manager Strategy and Community

Executive Summary

The purpose of this report is to facilitate Council’s deliberations on the feedback received through consultation on the initial proposal for the Representation Review 2024. The recommendations of this report seek Council’s decisions on its final proposal.

Recommendation

1. That the Strategic Policy and Planning Programme Director’s report dated 20 November 2023 titled ‘Final proposal for Representation Review 2024’ be received.

2. That the report relates to an issue that is considered to be of high significance in terms of Council’s Significance and Engagement Policy.

3. That Council receives all submissions (written and spoken) from the consultation period 16 September to 11 October 2024, as set out in Attachment 1 and 2 to this report.

4. That following consideration of the submissions, pursuant to section 19N of the Local Electoral Act 2001, Council resolves to:

Either:

(i) Adopt its initial proposal as its final proposal for the review of representation arrangements intended to apply to the 2025 and 2028 triennial elections

Or:

(ii) Amend the initial proposal on the basis of the following preferred options for the issues set out below [for the reasons stated], as its final proposal intended to apply to the 2025 and 2028 triennial elections, being:

Issue 1: Basis of elections

Option 1A

Option 1B

Issue 2: Number of wards

Option 2A

Option 2B

Option 2C

Issue 3: Number of councillors

If option 2A is resolved, then:

Option 3A

Option 3B

If Option 2B is resolved, then:

Option 3C

Option 3D

Option 3E

If Option 2 C is resolved, then:

Option 3F

Option 3G

Issue 4: Ward boundary adjustments

If Option 3A, 3C or 3F is resolved, then:

Option 4A

Option 4B

Issue 5: Community representation

Option 5A

Option 5B

Option 5C or

Option 5D

5. That Council directs the Chief Executive to notify submitters and issue public notice in relation to the appeal and objection period, which takes place between 22 November and 13 December 2024, pursuant to Sections 19O and 19P of the Local Electoral Act 2001.

6. That Council directs the Chief Executive to prepare a decision document for approval by the Mayor, either at the end of the appeal/objection period or following LGC determination, depending on the outcome of the appeal/objection process.

Background

1. The Local Electoral Act 2001 (LEA) requires Council to complete a review of representation arrangements (review of membership, wards, boundaries, etc) in 2024, effective for the 2025 and 2028 triennial elections. These reviews are to determine the number of councillors to be elected, the basis of election for councillors and, if this includes wards, the boundaries and names of these wards. Reviews also include whether there are to be community boards and if so, arrangements for these boards. Representation arrangements must provide fair and effective representation for communities.

2. Current representation arrangements are the mayor (elected at large), 11 councillors (elected from three wards) and 20 community board members (elected to represent 5 community boards). The five community boards represent varying percentages of their ward populations.

3. In undertaking a review of representation arrangements, three key principles must be considered:

· communities of interest

· effective representation

· fair representation.

Communities of Interest

4. A community of interest is usually defined as having a number of characteristics, which may include:

· a sense of community identity and belonging

· similarities in the demographic, socio-economic and/or ethnic characteristics of the residents of a community

· similarities in economic activities

· dependence on shared facilities in an area, including schools; recreational and cultural facilities and retail outlets

· physical and topographic features;

· the history of the area; and

· transport and communication links.

Effective representation

5. Territorial authorities are also required to consider:

· the total number of councillors

· the number of wards, boundaries and names

· the number of councillors to be elected from each ward

· communities and community boards.

Process to date

6. Over a period of 18 months Council has been reviewing the representation arrangements in place for the Western Bay of Plenty District. The process so far includes the following key steps:

a) Resolution on an electoral system

7. Council resolved in August 2023 that the First Past the Post electoral system will be used for the 2025 and 2028 general elections of the Western Bay of Plenty District Council. Public notice of the right for electors to demand an electoral system poll was given on 6 September 2023, which was required to be delivered to Council no later than 5pm, Monday 11 December 2023. A demand for a poll was not received and therefore Council’s resolution stands.

b) Establishment of Māori Ward/s

8. The Local Electoral Act provides for decisions on the establishment of Māori wards to be made apart from, and prior to, the formal review process.

9. Council resolved to establish Māori ward(s) at an extraordinary meeting in August 2023. However, following enactment of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill in July 2024, Council was required to make an active decision on whether to affirm or rescind its resolution by 6 September 2024.

10. On 2 September 2024, Council reaffirmed its decision to establish Māori wards. If Council includes the establishment of Māori ward(s) in its final proposal following community consultation, then this this will result in a binding poll of ratepayers on whether Māori ward(s) should remain in place, for the 2028 and 2031 trienniums, to be run alongside the 2025 elections.

c) Pre-engagement period

11. Council undertook pre-engagement across the district between 15 March – 15 April 2024 to inform its representation review. During this period Council had its online Have Your Say site open and additionally had a stall at four community events across the district to promote the review and seek feedback from the community.

12. In total, 91 individual submitters provided feedback during the pre-engagement process. Of this, 56 were received through the Have Your Say platform, 13 were received via email and 21 feedback forms were received at events. This feedback was provided to Council at its workshop on 23 May 2024.

13. Targeted pre-engagement was also undertaken with various groups. This included presentations to Te Kāhui Mana Whenua o Tauranga Moana and Te Ihu o te Waka o Te Arawa Partnership Forums and workshops with all five Community Boards.

14. Community group workshops were also held in all three wards in June 2024. Workshops were held in each ward and community groups including Residents and Ratepayers Associations, volunteer organisations and Community Boards were invited to provide their insights around how they wanted to be represented. This feedback was present to Council at its workshop on 25 July 2024.

15. Feedback heard through these processes informed the development of the initial proposal but did not determine a binding position for Council. Council considered other relevant information in shaping its initial proposal, such as sector guidance and consideration for other contemporary representation arrangements progressed by other comparative territorial authorities.

d) Adoption of the initial proposal and consultation approach

16. Council adopted its initial proposal on 12 September 2024 and endorsed the key aspects of the consultation approach.

e) Consultation period 16 September – 11 October 2024

17. Formal consultation on the initial proposal took place between Monday 16 September and Friday 11 October 2024. This exceeded the 3-week minimum legislative timeframe for the ‘shortened representation review’ process.

18. Overall, 550 submissions were received. Please note that some submitters gave feedback through more than one mechanism (for example, an online submission and then spoke at the hearings), but their feedback has been aggregated to count as one submission.

19. An outline of all communication, engagement and consultation methods deployed for the consultation period is set out below in the report.

20. The full submission pack (Attachment One) and summary of submissions (Attachment Two) are attached to this report.

Considering feedback and making decision on final proposal

21. This is the part of the process that Council is currently in. Section 19N of the Local Electoral Act (LEA) outlines the process for a council to respond to submissions on its initial proposal. The process requires council to consider all submissions received and allows Council to amend the resolution made to adopt the initial proposal ‘as it thinks fit.’

22. All options have been assessed as practicable options for consideration and within scope for consideration through the final proposal deliberations. The substantive issues and options for consideration under recommendation 4(ii) are set out in Attachment 3.

Engagement, Consultation and Communication

The key objectives for the consultation period (as included in the 12 September 2024 Council report) were to:

· Promote the key proposals contained within the initial proposal and the reasons for them in a way that fosters understanding within the community, and enables informed feedback;

· Enable elected members to feel comfortable that they’ve heard broad community views and reached a significant proportion of the community; and

· Enable qualitative feedback through facilitating more in-depth conversations in a safe environment.

Interested/Affected Parties	Completed Engagement/Consultation/Communication
Name of interested parties/groups	· General community · People affected by ward boundary changes · Youth · Community Boards · Tangata Whenua	Planned	Completed
Tangata Whenua	A workshop was held with Tangata Whenua Partnership Forums on 20 September 2024 to cover the initial proposal, how to give feedback and the timeframes that apply. On 28 September, elected members had the opportunity to meet with both of the forums in relation to the initial proposal.
General Public	Have your Say Online Platform Have Your Say online platform was live for the duration of the consultation period, providing an online feedback form, as well as access to the initial proposal and other supporting information. Public notice A public notice meeting Local Electoral Act requirements was published in Bay of Plenty Times (16 September), Katikati Advertiser (19 September) and Te Puke Times (19 September). Brochure A brochure was sent to all properties in the District, and all absentee ratepayers who have a mailing address out of the District. This was posted or emailed depending on their preferred method of communication from Council, via the rates database contact information. 11,249 were posted, and 10,865 were emailed on Friday 20 September 2024. Focus groups Focus groups were run in each ward in the final week of the consultation period. Anyone was able to register to take part, and it was promoted through our targeted promotional platforms, our key stakeholder notification, as well as with those who attended the pre-engagement focus groups. The focus groups were split into three tables, each focusing on a different topic relating to Māori representation, community representation and general ward representation. 77 people attended the table talk sessions – being 19 at Kaimai, 43 at Waihī Beach-Katikati and 15 at Maketu-Te Puke. Notes from these events are included in the submission pack. Hearings Hearings were held on 17 October 2024 in accordance with the Local Electoral Act requirements. 38 people registered to attend the hearing, with 17 people presenting on the day. Minutes from the hearings are included in the submission pack.
People affected by ward and community board boundary change proposals	Letters were sent to the property owners within the areas affected by the minor ward boundary changes and community board boundary adjustments. These letters raised awareness of the proposed boundary changes and provided information on how to give feedback. They were posted or emailed based on rates database contact information and communication preferences: · Proposed Kaimai/Katikati-Waihī Beach ward boundary change area (posted 21 / emailed 281) · Proposed Kaimai/Maketu-Te Puke ward boundary change area (posted 14 / emailed 103) · Proposed Katikati Community Board boundary change area (posted 491 / emailed 3503) · Proposed Te Puke Community Board boundary change area (posted 456 / emailed 2521) · Proposed Maketu Community Board boundary change area (posted 66 / emailed 348)
Youth	We approached the principals of Katikati College and Te Puke High School to participate in a breakfast/workshop/presentation. Unfortunately, there was limited capacity to engage in the process given timing constraints.
Community Boards	A joint community board workshop was held on 2 October 2024, which provided an overview of the Initial Proposal, and how community boards can give feedback and the timeframes that apply.

23. The following initiatives were also undertaken to generally promote the consultation period and seek engagement in the process:

· Email notification to 298 community groups and key stakeholders.

· Media release on 17 September

· Pātuki Manawa Digital Hub advertising on TV screens 

· Initial Proposal and feedback forms at all library and service centres 

· Print ads in local papers: Te Puke Times (19 Sept and 3 Oct), Katikati Advertiser (19 Sept and 3 Oct), Lizard News print ad in October edition.

· District-wide electronic newsletter on 20 September and 8 October

· Antenno post (District-wide) 30 Sept

· Inclusion in Mai Maketu electronic newsletter on 7 Oct

· Moana Radio voice ads and two posts on Moana Radio Facebook page.

· MetService digital advertising for all our District 

· Facebook reel on councillor numbers (7 Oct) 1,700 views.

· Facebook posts with static tiles (18 Sept and 10 Oct).

· total reach 12,067,

· total impressions 13,504,

· total interactions 2,686,

· 30 comments, 22 shares.

Significance and Engagement

24. The Local Government Act 2002 requires a formal assessment of the significance of matters and decision in this report against Council’s Significance and Engagement Policy. In making this formal assessment there is no intention to assess the importance of this item to individuals, groups, or agencies within the community and it is acknowledged that all reports have a high degree of importance to those affected by Council decisions.

25. The Policy requires Council and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities.

26. In terms of the Significance and Engagement Policy this decision is considered to be of high significance because of the following:

(a) The impact of the proposal on all residents and ratepayers.

(b) The impact of the proposal on the way residents and ratepayers vote for Council and Community Board.

(c) The legislative requirement for Council to consult on its initial proposal, and the level of feedback received through the consultation period.

(d) The high community interest in the decisions arising from the recommendations of this report. The feedback received on the initial proposal shows that there are different community views on key issues contained within the initial proposal, and consequently the matters for decision-making set out in this report.

Issues and Options Assessment

27. The primary options for Council through the recommendations of this report are set out below. If Council decides to amend its initial proposal, then reference should be made to Attachment 3, which sets out the substantive issues and options arising from submissions.

Option A

Council adopts its initial proposal as its final proposal

Assessment of advantages and disadvantages including impact on each of the four well-beings

· Economic

· Social

· Cultural

· Environmental

Advantages

· The representation arrangements set out in the initial proposal have been clearly articulated and could proceed from a practical perspective.

· Limits the scope of challenge to only appeals by those who made a submission, rather than objections from any person.

Disadvantages

· Does not consider the substantive issues and options that have arisen from the consultation process. This may dissuade people from submitting to other Council processes in the future, as they may perceive Council is not listening to feedback.

Costs (including present and future costs, direct, indirect and contingent costs).

There are no additional direct costs arising from this option. Operational budgets set to run the representation review process are sufficient to complete the final process steps. There is limited cost to Council involved in the Local Government Commission appeal process, and this has been factored into to operational budgets.

Option B

Council amends the initial proposal in relation to one or more issues, to determine its final proposal

Assessment of advantages and disadvantages including impact on each of the four well-beings

· Economic

· Social

· Cultural

· Environmental

Advantages

· Council can consider submissions and determine if the initial proposal is the best way to provide for fair and effective representation for the District, or whether amendments would better serve this purpose.

· Acknowledges the significant feedback received from 550 submitters.

· Appeals and objections process to the Local Government Commission applies.

Disadvantages

· Some options for consideration have been identified as practicable and within scope for decision-making may not have specifically subject to consultation as part of the initial proposal.

Costs (including present and future costs, direct, indirect and contingent costs).

There are no additional direct costs arising from this option. Operational budgets set to run the representation review process are sufficient to complete the final process steps. There is limited cost to Council involved in the Local Government Commission appeal/objection process, and this has been factored into to operational budgets.

Statutory Compliance

28. The recommendations in this report meet:

· The legislative requirements/legal requirements set out in the Local Government Act 2002 and Local Electoral Act 2001, including the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024.

Funding/Budget Implications

Budget Funding Information	Relevant Detail
Representation Review process	Cost of running representation review process and any subsequent costs as a result of decisions made are included in operational budgets for 2024/25. Inclusion of Māori ward(s) in the final proposal will mean that a binding poll must be run alongside the 2025 local election. Estimated cost to run a binding poll is $35,000 and can be accommodated within the existing budget for the triennial election.
Changes to any rates	Implications for rates would be considered through the Annual Plan 2025/26 process and subject to consultation.
Remuneration for elected members	Total remuneration for elected members is set by the Remuneration Authority.
Local Government Commission appeal/objection process	There is limited cost to Council involved in the Local Government Commission appeal/objection process, and this has been factored into to operational budgets.

Attachments

1. Attachment 1 - Full Submission Pack ⇩ (Ctrl + Click Link)

2. Attachment 2 – Summary of Submissions (Ctrl + Click Link)

3. Attachment 3 - Issues and Options for Final Proposal ⇩

4. Attachment 4 - Proposed Ward Boundaries District Wide Map ⇩

5. Attachment 5 - Proposed ward boundary change - Katikati-Waihī Beach and Kaimai Wards ⇩

6. Attachment 6 - Proposed Ward Boundary Change - Kaimai and Maketu-Te Puke Wards ⇩

7. Attachment 7 - Proposed Waka Kai Uru Ward - District Wide Māori Ward ⇩

8. Attachment 8 - Proposed Te Kiwei Rawhiti and Ti Kiwei Uru Wards ⇩

9. Attachment 9 - Proposed Katikati Community Board Area Reduction ⇩

10. Attachment 10 - Proposed Te Puke Community Board Boundary Reduction ⇩

11. Attachment 11 - Proposed Maketu Community Board Boundary Extension ⇩

12. Attachment 12 - Proposed Community Boards at Ward Level with Subdivisions ⇩

13. Attachment 13 - Manawatu District Council's Community Committees Policy ⇩

14. Attachment 14 - Council - Workshop Notes - 7 November 2024 ⇩

15. Attachment 15 - Council - Workshop Notes - 12 November 2024 ⇩

Council Meeting Agenda

20 November 2024

10.2 Jubilee Park - Approval to enter into a new lease with Te Puke Art Society Incorporated under the Reserves Act 1977

File Number: A6524089

Author: Peter Watson, Reserves and Facilities Manager

Authoriser: Cedric Crow, General Manager Infrastructure Services

Executive Summary

A new lease is required to be entered into with Te Puke Art Society Incorporated (TPASI) to continue their tenure at the Constables Gallery site, Jubilee Park, Te Puke.

Recommendation

1. That the Reserves and Facilities Manager’s report dated 20 November 2024 titled ‘Jubilee Park - Approval to enter into a New Lease with Te Puke Art Society Incorporated under the Reserves Act 1977’ be received.

2. That the report relates to an issue that is considered to be of low significance in terms of Council’s Significance and Engagement Policy.

3. That Council, in its capacity as administrating body of the reserve, grants the Te Puke Art Society Incorporated the right to lease for up to 30 years (10+10+10) for 180m² of land, more or less, being part of Lot 2 DP 483391 contained in Record of Title 681972 to allow for a community art and craft activities facility situated on Jubilee Park.

That Council does not grant the Te Puke Art Society Incorporated the right to lease but advertises for expressions of interest from other recreational groups.

Background

1. TPASI was founded in 1964. In 1984 they acquired from Council the old 1921 Te Puke Courthouse building which was then moved on to Jubilee Park where it stands today. A land lease for 20 + 20 years was entered into. The second and final term of the lease will come to an end on 30 November 2024.

2. When the land lease comes to an end consideration has to be given that TPASI owns the building (Constable Gallery).

3. The current lease states that at the end of its term:

(i) the lessee (TPASI) may dispose of or sell the building; or

(ii) if the lessor (WBOPDC) so wishes enter into a new lease, make arrangements to reimburse the lessee for the building; or

(iii) if no suitable lessee is found then the lessor may sell the building with the proceeds going to the lessee after costs; or

(iv) the lessor retains the building (unleased) by purchase at an agreed price; or

(v) the lessor may require the lessee to remove the building at their own cost.

4. TPASI wish to enter into a new land lease agreement. The society has held a long presence within the Te Puke community. It would be practical to allow the TPASI to remain in their building on Jubilee Park and enter into a new land lease.

5. Council could consider entering into a land lease with another party by seeking expressions of interest. However, consideration would need to be given to the costs involved for the transfer of the building from TPASI to Council (or the other lessee). This is not seen as a feasible option given that TPASI are willing to enter into new tenure.

6. The proposed lease would be for a period of 10 years with two further rights of 10 years.

7. The lease allows the lessor to require the lessee to allow other community groups of a similar nature to the lessee whose activities align with the permitted use to use the whole or any part of the premises from time to time. Additionally in the event of the land being required by the lessor for council purposes, or the lessor determines (in its absolute discretion) that on the basis of public interest and/or demand, its civic duties would be better met if the premises were used for an alternative purpose to that contemplated by the lease, the lease may terminate upon the lessor giving six (6) months notice.

Significance and Engagement

8. The Local Government Act 2002 requires a formal assessment of the significance of matters and decision in this report against Council’s Significance and Engagement Policy. In making this formal assessment there is no intention to assess the importance of this item to individuals, groups, or agencies within the community and it is acknowledged that all reports have a high degree of importance to those affected by Council decisions.

9. The Policy requires Council and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities.

10. In terms of the Significance and Engagement Policy this decision is considered to be of low significance because:

· the lease has already been consulted on as part of the Te Puke Reserve Management Plan 2022 (refer Attachment 1);

· the RMP records that a lease is in place;

· the RMP does not record the term of the lease; and

· although the lease ends December 2024 entering into a new lease would remain in conformity with that management plan.

Engagement, Consultation and Communication

11. The current lease is in conformity with and contemplated by the approved management plan for the reserve (2022). The RMP records that a lease is in place. Although the lease ends December 2024 a new lease will not be dissimilar. Staff do not see the requirement to give public notice under s114 of the Reserves Act 1977, which is normally required prior to granting a lease under s54 (1)(b). An exemption allowed by the Act to having to publicly notify intention to enter into a lease is when the proposal is in conformity with and contemplated by the approved management plan for the reserve.

Issues and Options Assessment

Option A

That Council in its capacity as administrating body of the reserve grants the Te Puke Art Society Incorporated the right to lease for up to 30 years (10+10+10) for 180m² of land, more or less, being part of Lot 2 DP 483391 contained in Record of Title 681972 to allow for a community art and craft activities facility situated on Jubilee Park.

Assessment of advantages and disadvantages including impact on each of the four well-beings:

· Economic

· Social

· Cultural

· Environmental

TPASI holds weekly art sessions, showcases local artists, runs tutorial workshops, and exhibitions (one annually since 1967).

Additionally, a sewing and quilting group use the rooms weekly with the rooms are available to be booked by other community groups at other times.

Members of both weekly groups ages range from 40s to 90s and the centre provides an important social and creative learning aspect to these members lives.

Costs (including present and future costs, direct, indirect and contingent costs).

Option B

That Council does not grant the Te Puke Art Society Incorporated the right to lease but advertises for expressions of interest from other recreational groups.

Assessment of advantages and disadvantages including impact on each of the four well-beings:

· Economic

· Social

· Cultural

· Environmental

Gives opportunity to other community recreation groups to utilise a community building for their clubroom/centre. Note: as the reserve is classified recreation, any group applying would have to have a recreation focus.

If another group is successful then this displaces the TPASI and they would need to seek other premises.

Costs (including present and future costs, direct, indirect and contingent costs).

A substantial cost incurred by Council or a new lessee would be the purchase of the current building from the exiting lessee should TPASI not be a successful applicant.

Statutory Compliance

12. The land on which the Art Gallery is situated is a recreation reserve pursuant to the Reserves Act 1977. A lease will be required under s s54 (1)(b).

13. The Te Puke Reserve Management Plan for Jubilee Park contemplates a lease for TPASI.

Funding/Budget Implications

Budget Funding Information	Relevant Detail
	Should a land lease not be entered into with TPASI Council or an incoming lessee would require to purchase the gallery building from the current lessee.

Attachments

1. Jubilee Park/Jamieson Oval Reserve Management Plan ⇩